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ARTICLE · 02 MAY 2013

Competition Newsletter - April 2013

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

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The Trade and Industry Appeals Tribunal has resolved a long-lasting dispute on the scope of a company's right to remain silent.

NetherlandsAntitrust/Competition Law
De Brauw Blackstone Westbroek N.V
De Brauw Blackstone Westbroek N.V
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Silence is golden: ex-employees don't have to snitch on former employers

The Trade and Industry Appeals Tribunal has resolved a long-lasting dispute on the scope of a company's right to remain silent. It ruled that ex-employees can invoke this right when questioned by the NMa (now: ACM)1 in connection with an investigation into their former employer. In 2009, the NMa imposed record fines on three ex-employees for failure to cooperate in an investigation into possible anti-competitive conduct by their former employer.2 The ex-employees refused to cooperate, arguing that they had the right to remain silent, a right acknowledged by the NMa, but only with in regard to the company under investigation and its current employees.3 Unlike the European Commission, the NMa is authorised to impose fines not only on companies but also on individuals for failure to cooperate with an investigation.4 

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